CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The European Aviation Safety Authority (EASA) has issued AD 2009-0080-E affecting Pilatus PC-12/47E model aircraft. EASA acts on behalf of Switzerland, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/58, which will become effective on 7 April 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legal framework for ensuring the safety of civil aviation in Australia. The Act empowers the Governor-General to make regulations for air navigation safety, which includes the issuance of airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. This legislative instrument is designed to ensure that Australia adheres to international standards as set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the regulatory process, granting the Civil Aviation Safety Authority (CASA) the authority to issue ADs based on assessments of international directives. The objective is to mandate safety requirements for aircraft registered in Australia, thereby protecting the public from aviation-related risks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legal framework for airworthiness directives (ADs) in Australia, which are issued to ensure the continuing safety of aircraft types. Under the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The ADs align with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the airworthiness of individual aircraft. CASA must assess ADs issued by the State of Design and, if necessary, issue Australian ADs to ensure compliance with safety standards. This legislative process does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 detail the process and authority for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and ADs serve as a crucial means of communication between the State of Design and States of Registry, including Australia, to ensure compliance with international standards.
The obligations imposed by these regulations require CASA to evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate compliance with the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet the safety standards outlined by international agreements, such as those stipulated in Annex 8 to the Convention on International Civil Aviation. For example, the European Aviation Safety Authority (EASA), representing the State of Design for the Pilatus PC-12/47E model aircraft, issued AD 2009-0080-E. CASA assessed this directive and issued Australian AD/PC-12/58, which took effect on 7 April 2009.
There are no specific offences, penalties, or consequences outlined within the AD itself; however, failure to comply with ADs can lead to significant civil and criminal consequences. Non-compliance with ADs can result in the grounding of aircraft, which can have severe operational and financial impacts on airlines and aircraft operators. Moreover, from a criminal standpoint, the enforcement of ADs falls under the broader regulatory framework of the Civil Aviation Act 1988. Non-compliance could potentially result in prosecution under the Act, leading to substantial fines and imprisonment for individuals and corporate entities. The specific penalties would be determined by the court, taking into account the severity and circumstances of the non-compliance.